Wallace

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 KRYSTAL WALLACE, individually, and on behalf of a class of similarly situated Case No. 18-cv-05221-BLF individuals, 8 Plaintiff, ORDER GRANTING IN PART, WITHOUT LEAVE TO AMEND, AND v. DENYING IN PART MOTION TO DISMISS THIRD AMENDED SHARKNINJA OPERATING, LLC, a COMPLAINT Massachusetts limited liability company, [Re: ECF 69] Defendant.

14 Defendant SharkNinja Operating, LLC (“SharkNinja”) has filed a motion to dismiss in part the third amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The motion is opposed by Plaintiff Krystal Wallace (“Wallace”). The Court previously determined that the motion is appropriate for decision without oral argument and vacated the hearing. See Order Vacating Hearing, ECF 79. For the reasons discussed below, the motion is GRANTED IN PART, WITHOUT LEAVE TO AMEND, and DENIED IN PART.…